Patna High Court
Golu @ Rahul Kumar @ Golu D.J Wala @ Golu Rajbhar D.J WalaversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The bail application is dismissed, upholding the earlier order denying bail.
Summary
The petitioner, Golu, was charged under Sections 70(1) and 324(4) of the Bihar Narcotic Substances Act and Sections 4 and 6 of the POCSO Act in connection with a case registered in Buxar. A bail application filed earlier was rejected on 25‑06‑2025. The petitioner made a second bail application, arguing that the trial was nearing its conclusion and that only the doctor and investigating officer remained to be examined. The Court considered the seriousness of the offences and the fact that the trial was almost over, and decided not to revisit its earlier order. Consequently, the bail application was dismissed.
Issues considered
- What is the appropriate consideration for granting bail when the trial is on the verge of conclusion in a serious offence under the B.N.S. and POCSO Acts?
Legislation cited
Subjects
- bail
- POCSO
- B.N.S.
- criminal procedure
- gravity of offence
- trial conclusion
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1784 of 2026
Arising Out of PS. Case No.-62 Year-2024 Thana- MAHILA PS District- Buxar
======================================================
Golu @ Rahul Kumar @ Golu D.J Wala @ Golu Rajbhar D.J Wala S/O
Jainath Singh R/V- Mohalla- Samhar (Station Road), P.S- Dumraon, Distt.-
Buxar.
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. Vasantu @ Santlal S/O Late Prasidadhan @ Late Prasidhan R/V- Jamgaon,
P.S- Kaithi, Distt.- Sonbhadra (U.P).
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Dimpal Kumari, Advocate
For the Opposite Party/s : Mr. Shantanu Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 09-02-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The defect(s) as pointed out by the Stamp Reporter
are ignored.
3. This is the second attempt on behalf of the petitioner
for grant of bail in connection with POCSO Case No.127 of
2024, arising out of Buxar Mahila P.S. Case No. 62 of 2024,
registered for the offence under Sections 70(1), 324(4) of B.N.S.
and 4,6 of POCSO Act.
4. Earlier the bail application of the petitioner has been
rejected vide order dated 25.06.2025 passed in Cr. Misc.
No.38710 of 2025.
Patna High Court CR. MISC. No.1784 of 2026(2) dt.09-02-2026
2/2
5. Learned counsel for the petitioner submits that the
trial is on the verge of conclusion and the Doctor and I.O. are
left to be examined.
6. Considering the gravity of the offence and the fact
that when the trial is on the verge of conclusion, I am not
inclined to review my earlier order.
7. Accordingly, the application stands dismissed.
(Sandeep Kumar, J)
mdrashid/-
U T
Checking your session…